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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2149
Experience:  I am a qualified solicitor and an expert in UK law.
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I am currently on a Tier 1 Post Study Work Visa, and a US Citizen.

Resolved Question:

I am currently on a Tier 1 Post Study Work Visa, and a US Citizen. I am an actor, and thus self employed. I am also Co-Director of a Production Company. I would like to, therefore, apply for the Tier 1 Entrepreneur Visa. And I know I can qualify for this (I have the maintenance money and investable funds). However, being that applying for this Visa is faster from the US, I would like to apply from the states. My question is two-parted:

1.) I understand that I need 200,000.00 GBP to apply from the states (this is fine), but can I easily switch from my Post Study Tier 1 to Entrepreneur Visa, and apply from the states (even though I really actually live in the UK already)?

and 2.) Can I continue to work as a self employed actor as well as Director of the company? I know I can work as the director of the company, because this is included in the visa, but as an actor you are employed for short spurts of time, and considered "self employed". I simply don't want my visa status to turn potential employers off from hiring me because it may be a little more complicated, nor do I want to break the law by working as an actor when on a Tier 1 Entrepreneur Visa. Any Advice would be so appreciated! THANK YOU!
Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

What activities will you be undertaking as a tier 1 entrepreneur?

Kind regards
Customer: replied 1 year ago.

I will be undertaking working for my Production Company (the one I will be applying for the Visa under) and Also, working as a self employed actor. Contracts for acting are almost all under a year (most are under 6 months).

Customer: replied 1 year ago.

Also - to add. I will be producing a film, with a budget of 300,000. GBP in the first few months of my visa, should I be granted it.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. There is nothing preventing you from applying for a tier 1 entrepreneur visa from outside the uk if this is your preference, but you need to ensure that you have access to the funds ie either they are in your account or they are being provided by a 3rd party.

2. Unfortunately it does not seem you are able to work as an actor. The immigration rules state as follows :

245DC. Period and conditions of grant

(a) Entry clearance will be granted for a period of 3 years and four months and will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment other than working for the business(es) the applicant has established, joined or taken over, and

(iv) no employment as a professional sportsperson (including as a sports coach).

This visa is more for applicant's whom start a business or invest in a business. If you then where to undertake employment work as an actor you would become an employee of the company, if you are a director of the company you cannot then also be self employed it is one or the other. If you were to register as self employed then you may be able to work as an actor, but not if you are a director. You may wish to view the immigration rules using the following link :

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part6a/

If you require any further information please do not hesitate to reply. I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
But when you are working as an actor you are working under as a self employed person. You are working for yourself and being hired under that understanding.

The law does say that you can only work for your business and any other businesses you are self employed under, once granted the entrepreneur visa. So I have the business I am director of, and another business (the business of myself) that I also work for. Does this not qualify at all?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you read the rules it does sat you are able to work but you would need to register as a self employed individual and not as a company. Once you are self employed you will be able to work as an actor but your employment must be at at least nqf level 4 or above.

I hope this clarifies the matter.

Kind regards
Customer: replied 1 year ago.
So as I am already registered as self employed and the director of a separate company, I can continue to act and, separately, continue to build my production company? )I know I am able to meet the class 4 requirements).
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes in that case it should not be an issue, but I would inform the immigration officer in question covering letter of what you intend to do once you have obtained your Tier 1 visa and how you will invest the required funds.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2149
Experience: I am a qualified solicitor and an expert in UK law.
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